CRIMINAL APPEALS AND POST-CONVICTION LAWYERS IN KANSAS AND MISSOURI APPELLATE COURTS
A criminal case does not end with a guilty verdict and the judge’s pronouncement of sentence. Even for a defendant facing a lengthy sentence, there is still hope of obtaining relief. But the appellate process can be difficult to navigate without experienced counsel.
At Morgan Pilate LLC we believe that the most successful appellate and post-conviction practice requires a unique skill set including:
- In-depth knowledge of procedural rules
- Substantive criminal law experience
- Creativity in identifying novel issues
- Ability to develop innovative argument.
Retaining an appellate lawyer may be vital to your case
Appellate and post-conviction practice can involve procedural pitfalls that may prove fatal to a defendant’s ability to obtain relief from a wrongful conviction. It is crucial that the defendant obtain legal representation by an experienced attorney well versed in appellate practice and procedure.
Both direct appeals and post-conviction actions are governed by strict deadlines. Failure to comply with these deadlines may result in dismissal of the case or a procedural default that precludes relief.
Morgan Pilate LLC provides the level of experience, knowledge, and creativity critical to increasing the chances of success on appeal.
Motion for rehearing
If a direct appeal is denied, mistakes made by the appellate court can be challenged in a motion for rehearing. If a motion for rehearing is unsuccessful, an application for transfer to the state supreme court may be filed.
Writ of habeas corpus
A wrongful conviction can also be challenged through an application for a writ of habeas corpus. Habeas corpus actions can be pursued at the state and federal level. As with direct appeals and post-conviction remedies, federal habeas corpus actions are governed by strict deadlines.
Writ of prohibition
On occasion, a trial judge may make a ruling that will result in irreparable harm to a criminal defendant if left uncorrected until a direct appeal is taken. In such instances, the defendant can pursue a writ of prohibition.
Writ of mandamus
Sometimes it is necessary to ask a court to compel a person or institution to perform a certain administrative function for your case. For example, if the Department of Corrections refused to award a defendant full credit for the time served in jail pending trial, the defendant needs to pursue a writ of mandamus asking the court to order the prison superintendent or warden to award the defendant the appropriate credit for time served.
Petition for certiorari
It is possible to seek conviction relief from the United States Supreme Court through a petition for certiorari.
Click here for more information regarding the appellate process.
Contact us today
If you have been convicted or received a guilty verdict or if you have a specific appeal question, call or contact online the attorneys of Morgan Pilate LLC today.